TERMS OF SERVICE

  1. Account terms
  2. Payments and refund term
  3. Cancellation and termination
  4. Modifications to the service and prices
  5. End Users and End User Data
  6. Third Party Data Sharing and Disclosure
  7. General Conditions
  8. Disclaimer
  9. Indemnity
  10. Limitation of Liability
  11. Governing Law
  12. General

Last Updated: July 7, 2020

Agmo Studio Sdn Bhd provides a platform to enable you to create and manage smart phone applications as well as related hosting and support services. By using our website and our service you are agreeing to be bound by the following terms of service.

Agmo Studio Sdn Bhd reserves the right to update and change the terms of service from time to time without advance notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the terms of service. By continuing to access the website and service after we have posted a modification of these terms of service on the website, you are indicating that you agree to be bound by the modified terms of service. If the modified terms of service are not acceptable to you, your only resource is to cease using the website and service. You can review the most current version of terms of service at any time at: https://world.jixiuapp.com/home/terms. Violation of any of the terms below will result in the termination of your account. You agree to use the service at your own risk and subject to the terms set forth below.

1. Account terms

  1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process to open an Account.
  3. You are responsible for maintaining the security of your account and password. Agmo Studio Sdn Bhd cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  4. Agmo Studio Sdn Bhd will be the sole publisher of your mobile applications with any mobile platform provider including, but not limited to, for the Google Play And Apple App Store.
  5. You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).
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2. Payments and refund term

  1. The service is billed in advanced on a yearly basis and is non-refundable. There will be no refunds for setup fees with an open account.
  2. You must provide 5 working days notice before your billing anniversary date in order to insure no additional billing for the following year. In order to treat everyone equally, no exceptions will be made.
  3. Agmo Studio Sdn Bhd will use commercially reasonable efforts to have the mobile applications approved the applicable providers. We do not and cannot guarantee acceptance. In the event that the mobile application is rejected, Agmo Studio Sdn Bhd shall assist the customer to revise and re-submit the mobile application to applicable provider, up to a maximum of two (2) times. However, there are no refunds under any circumstances.
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3. Cancellation and termination

  1. You are solely responsible for properly cancelling your account. Account cancellation must be submitted via email to support@jixiuapp.com with your registered email address. Cancellations by phone or sent via any other means will not be considered valid.
  2. All your contents will be deleted from the service upon cancellation. This information cannot be recovered once your account is cancelled.
  3. If you cancel the service before the end of your current paid up year, your cancellation will take effect immediately and you will not be charged for the subsequent billing cycle.
  4. Agmo Studio Sdn Bhd, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, for any reason at any time. The reasons we might do this include your violation of these terms of service. Such termination of service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all contents in your account.
  5. Agmo Studio Sdn Bhd reserves the right to refuse service to anyone for any reason at any time.
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4. Modifications to the service and prices

  1. Agmo Studio Sdn Bhd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without prior notice.
  2. Prices for the service, including but not limited to annual subscription plan fees to the service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the website.
  3. From time to time, Agmo Studio Sdn Bhd may issue an update to the service, which may add, modify, and/or remove features from the service. These updates may be pushed out automatically with little or no notice, although Agmo Studio Sdn Bhd will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.
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5. End Users and End User Data

Agmo Studio Sdn Bhd may collect certain information generated or provided by end users of a mobile offering. Depending on the type of mobile offering you choose to create via the Service, end user data may include the personally identifiable information and/or non-personally identifiable information of end users. You acknowledge and agree that:

  1. You and your mobile offering must abide by all applicable privacy laws and regulations, and by the terms and conditions set forth by the provider as applicable. Any privacy policy you make available to end users of your mobile offering will include any and all disclosures and election procedures that may be required under applicable laws in light of the provision of the service contemplated by these terms of service, including, without limitation, clear and conspicuous disclosure to end users about your practices with respect to the collection, use and sharing of end user data on or through the service and your use of third party service providers.
  2. You agree to comply with the terms and conditions of your privacy policy. In the event that any modifications are made to the privacy policy that prohibit or materially impair Agmo Studio Sdn Bhd’s ability to provide the Service or potentially subjects you or Agmo Studio Sdn Bhd to claims of third parties or enforcement authorities, Agmo Studio Sdn Bhd may suspend, discontinue or terminate performance of the Service, in our sole discretion.
  3. You are solely responsible for your interactions (including any disputes) with end users and Agmo Studio SDn Bhd does not in any way screen end users.
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6. Third Party Data Sharing and Disclosure

  1. Umeng, in order to provide you with one-click sharing service, our App has integrated Umeng+ U-Share SDK, which will collect your device identifiable information (such as IMEI/android ID/IDFA, etc.) and public information of social account in order to share information with social account. For your information security, we have made data security confidentiality agreements with Umeng+, who will strictly abide by our data privacy and security requirements. We will not share your personal identifiable information unless authorized by you. For more information, please log in https://www.umeng.com/policy to learn privacy policy of Umeng+.
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7. General Conditions

  1. You agree that you will not post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is targeted to children or may be deemed "directed to children"; (v) is defamatory, obscene, pornographic, vulgar or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances.
  2. You acknowledge that Agmo Studio Sdn Bhd has no obligation to monitor your access to or use of the website or service, or to review or edit any content, but has the right to do so for the purpose of operating the website and service, to ensure your compliance with these terms of service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Agmo Studio Sdn Bhd reserves the right, at any time and without prior notice, to remove or disable access to any content and accounts we determine in our sole discretion to be in violation of these terms or otherwise harmful to the website or service.
  3. You understand that Agmo Studio Sdn Bhd uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.
  4. You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
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8. Disclaimer

Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AGMO STUDIO SDN BHD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Agmo Studio Sdn Bhd does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.

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9. Indemnity

You agree to defend, indemnify, and hold Agmo Studio Sdn Bhd, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the website or the service; (ii) your violation of these terms of service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your mobile offering.

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10. Limitation of Liability

You expressly understand and agree that Agmo Studio Sdn Bhd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Agmo Studio Sdn Bhd has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. In no event shall Agmo Studio Sdn Bhd’s liability to you exceed the amount actually paid to Agmo Studio Sdn Bhd by you during the preceding 12 months.

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11. Governing Law

These terms of service and any action related thereto will be governed by the laws of Malaysia without regard to its conflict of laws provisions.

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12. General

The failure of Agmo Studio Sdn Bhd to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The terms of service constitutes the entire agreement between you and Agmo Studio Sdn Bhd and govern your use of the service, superseding any prior agreements between you and Agmo Studio Sdn Bhd (including, but not limited to, any prior versions of the terms of service). If for any reason a court of competent jurisdiction finds any provision of these terms of service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms of service with remain in full force and effect.
You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.

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